Codification of Late Roman Inheritance Law: Fideicommissa and the Theodosian Code

Legal History Review (Tijdschrift voor Rechtsgeschiedenis), Vol. 76, pp. 237-248, 2008

SMU Dedman School of Law Legal Studies Research Paper No. 00-33

13 Pages Posted: 11 Apr 2008 Last revised: 11 Feb 2009

Joshua C. Tate

Southern Methodist University - Dedman School of Law

Date Written: 2008

Abstract

It has long been known that most of the private law content of the Theodosian Code has not been preserved independently of the Lex Romana Visigothorum, or Breviary of Alaric. Certain constitutions, not contained in the Breviary but dating to the period covered by the Theodosian Code, have survived in the Code of Justinian. There has been debate, however, as to whether all of these constitutions were contained in the Theodosian Code.

This Article discusses this problem with respect to a particular topic: fideicommissa. The Article considers whether a particular constitution, CJ 6.37.21, might have been included in the Theodosian Code either as part of a general rubric concerning inheritance or as part of a separate rubric on fideicommissa, and concludes by suggesting what the constitution might have looked like had it been included under a separate heading.

Keywords: trusts, Roman law, legal history

JEL Classification: K11

Suggested Citation

Tate, Joshua C., Codification of Late Roman Inheritance Law: Fideicommissa and the Theodosian Code (2008). ; SMU Dedman School of Law Legal Studies Research Paper No. 00-33. Available at SSRN: https://ssrn.com/abstract=956667

Joshua C. Tate (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
(214) 768-2791 (Phone)

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